Whether someone refers to the wrong gender intentionally or accidentally can have civil law consequences—or be completely harmless from a legal standpoint. Recent rulings by the Frankfurt courts show what matters.

What does “misgendering” mean?

Misgendering occurs when a person is addressed or referred to, either intentionally or unintentionally, using a gender that does not correspond to their gender identity. This often happens through the use of incorrect pronouns or an inaccurate gender designation.

This should be distinguished from what is known as “deadnaming.” This occurs when a transgender person is addressed by their former first name, even though they now go by a different name. This, too, can cause significant personal distress for those affected.

However, there is no general answer to the question of whether such a designation is legally permissible. Rather, it always depends on the specific circumstances.

Is misgendering a criminal offense?

There is no legal provision that explicitly criminalizes misgendering. Therefore, someone who refers to a transgender person using an incorrect gender designation is not automatically committing a crime.

However, this does not mean that such statements are without legal consequences. Depending on their content, form, and context, civil claims may arise, or—in certain circumstances—other criminal provisions may also apply, such as when additional insults or defamatory statements are involved.

The General Right of Personality as a Decisive Standard

The legal assessment often centers on the general right to privacy. This right protects personal identity and every person’s right to freely develop their personality.

If a transgender person is deliberately and repeatedly referred to in a manner that contradicts their gender identity, this may constitute a violation of their right to privacy. Whether an actual infringement has occurred, however, always depends on the circumstances of the individual case. Factors such as the nature of the statement, its context, the scope of its publication, and the intent of the person making the statement all play a role.

In such cases, the courts routinely weigh the individual’s personal rights against the speaker’s freedom of expression.

Current Case Law: It Depends on the Individual Case

Recent case law shows that misgendering can have legal consequences if it infringes on the right of personality of a specifically identifiable person.

In recent rulings, courts have emphasized that the repeated use of an inaccurate gender designation in reference to a transgender person may be unlawful under certain circumstances. In such cases, the affected individuals may assert claims for injunctive relief. Depending on the severity of the infringement of personal rights, claims for monetary compensation may also be considered.

In its ruling of April 30, 2026, the Higher Regional Court of Frankfurt am Main (Case No. 16 U 90/25), awarded monetary damages of 6,000 euros because an online portal had repeatedly referred to a transgender woman using the incorrect gender. At the same time, the Frankfurt am Main Regional Court clarified in its order of June 16, 2026 (Case No. 2-03 O 254/26) that misgendering is not generally prohibited—the decisive factor is whether the person in question is identifiable and whether their right to privacy has been violated.

At the same time, the rulings make it clear that misgendering is not generally prohibited. The specific balancing of interests always remains the decisive factor. Neither the right to privacy nor freedom of expression enjoys unrestricted priority.

What are the potential consequences?

If there is an unlawful infringement of personal rights, various civil claims may arise.

Those affected may, among other things, demand that the disputed statement be refrained from in the future. Under certain conditions, monetary compensation may also be considered if the infringement of personal rights is particularly severe and no other form of appropriate redress is possible.

In addition, posts on social media or online platforms may need to be deleted. The risk of legal disputes is particularly high when it comes to statements made publicly.

What does this mean for businesses?

Employers, companies, and the media should also be aware of the legal risks. Treating employees and business partners with respect not only contributes to a positive work environment but can also help prevent legal disputes.

Particularly in the context of employment relationships, it is advisable to establish clear guidelines for non-discriminatory communication. If conflicts arise between employees, they should be taken seriously and addressed carefully. Depending on the circumstances, provisions under labor law or equal treatment law may be relevant in addition to general privacy rights.

Companies that publish content on social media or engage in journalism should also carefully consider how they report on transgender individuals. Inaccurate or derogatory terms may—depending on the specific case—result in legal consequences.

Respectful communication creates legal certainty

Current case law shows that there is no universal answer to the question of whether misgendering is legally impermissible. The specific circumstances of each individual case, as well as a careful balancing of the right to privacy and freedom of expression, are always decisive.

The following therefore applies equally to individuals, businesses, and the media: Treating other people’s gender identities with respect and sensitivity not only helps avoid conflicts but also reduces the risk of legal disputes.